WORKPLACE RELATIONS ACT 1996 - SECT 346ZK Other remedies for the contravention of section 346ZJ

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346ZK

             (1)  The Court, on application by an eligible person, may make one or more of the following orders in relation to an employer who has contravened subsection 346ZJ(1):

                     (a)  an order requiring the employer to pay a specified amount to the employee as compensation for damage suffered by the employee as a result of the contravention;

                     (b)  any other order that the Court considers appropriate.

Note:          The employee may still be entitled to compensation under section 346ZG if his or her workplace agreement does not pass the no‑disadvantage test.

             (2)  The orders that may be made under paragraph (1)(b) include:

                     (a)  injunctions; and

                     (b)  any other orders that the Court considers necessary to stop the conduct or remedy its effects.

             (3)  In this section:

"eligible person" means any of the following:

                     (a)  a workplace inspector;

                     (b)  an employee affected by the contravention;

                     (c)  an organisation of employees that:

                              (i)  has been requested in writing, by the employee concerned, to apply on the employee's behalf; and

                             (ii)  is entitled, under its eligibility rules, to represent the industrial interests of the employee in relation to work carried on by the employee for the employer;

                     (d)  a person prescribed by the regulations for the purposes of this paragraph.

             (4)  A regulation prescribing persons for the purposes of paragraph (d) of the definition of eligible person in subsection (3) may provide that a person is prescribed only in relation to circumstances specified in the regulation.